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Author : H. Jefferson Powell
Publisher : Cambridge University Press
Page : 265 pages
File Size : 51,8 Mb
Release : 2022-05-19
Category : Law
ISBN : 9781009158848
A comprehensive, ideologically neutral description of the practice of constructing and evaluating constitutional law arguments.
Author : Richard H. Fallon
Publisher : Cambridge University Press
Page : 433 pages
File Size : 55,7 Mb
Release : 2013-04-22
Category : Law
ISBN : 9781107021402
In this revised second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law.
Author : H. Jefferson Powell
Publisher : Cambridge University Press
Page : 128 pages
File Size : 43,9 Mb
Release : 2022-05-05
Category : Law
ISBN : 1009158856
Americans often think about constitutional law in terms of high-profile decisions by the Supreme Court - decisions that divide the justices by ideology, not law. This focus often leads to the erroneous conclusion that constitutional law arguments are, and can only be, political in substance. In The Practice of American Constitutional Law, H. Jefferson Powell demonstrates that there is a longstanding, shared practice of constructing and evaluating constitutional law claims that transcends current political disagreements. Powell describes how lawyers and judges identify constitutional problems by using a specifiable method of inquiry that enables them to agree on what the questions are, and thus what any plausible answer must address, even when disagreement over the most persuasive answers remains. Rather than being simply politics by other means, constitutional law is the successful practice of giving substance to the Constitution as supreme law.
Author : Richard H. Fallon (Jr.)
Publisher : Unknown
Page : 128 pages
File Size : 53,8 Mb
Release : 2013
Category : Constitutional law
ISBN : 1139616153
"In this revised and updated second edition of The Dynamic Constitution, Richard H. Fallon, Jr., provides an engaging, sophisticated introduction to American constitutional law. Suitable for lawyers and non-lawyers alike, this book discusses contemporary constitutional doctrine involving such issues as freedom of speech, freedom of religion, rights to privacy and sexual autonomy, the death penalty, and the powers of Congress. Through examples of Supreme Court cases and portraits of past and present Justices, this book dramatizes the historical and cultural factors that have shaped constitutional law. The Dynamic Constitution, Second Edition combines detailed explication of current doctrine with insightful analysis of the political culture and theoretical debates in which constitutional practice is situated. Professor Fallon uses insights from political science to explain some aspects of constitutional evolution and emphasizes features of the judicial process that distinguish constitutional law from ordinary politics"--
Author : Richard H. Fallon (Jr.)
Publisher : Unknown
Page : 128 pages
File Size : 45,8 Mb
Release : 2013
Category : Constitutional law
ISBN : 1139610570
"In this revised and updated second edition of The Dynamic Constitution, Richard H. Fallon, Jr., provides an engaging, sophisticated introduction to American constitutional law. Suitable for lawyers and non-lawyers alike, this book discusses contemporary constitutional doctrine involving such issues as freedom of speech, freedom of religion, rights to privacy and sexual autonomy, the death penalty, and the powers of Congress. Through examples of Supreme Court cases and portraits of past and present Justices, this book dramatizes the historical and cultural factors that have shaped constitutional law. The Dynamic Constitution, Second Edition combines detailed explication of current doctrine with insightful analysis of the political culture and theoretical debates in which constitutional practice is situated. Professor Fallon uses insights from political science to explain some aspects of constitutional evolution and emphasizes features of the judicial process that distinguish constitutional law from ordinary politics"--
Author : Donald P. Kommers,John E. Finn,Gary J. Jacobsohn
Publisher : Rowman & Littlefield
Page : 794 pages
File Size : 46,7 Mb
Release : 2004
Category : History
ISBN : 0742526933
Designed for an undergraduate course in US constitutional law, the casebook takes a liberal arts approach, tracing constitutional doctrine and policy back to their foundation in social, moral, and political theory, and prompting students to engage the great questions of political life addressed by the Constitution and its interpretation. Opinions of the US Supreme Court constitute the core of the documents. The first edition was published in 1998; the second adds and updates topics. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).
Author : E. Thomas Sullivan,Toni M. Massaro
Publisher : Oxford University Press
Page : 264 pages
File Size : 46,9 Mb
Release : 2013-07-04
Category : Law
ISBN : 9780199990801
In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.
Author : Donald P. Kommers,John E. Finn,Gary J. Jacobsohn
Publisher : Rowman & Littlefield
Page : 1128 pages
File Size : 53,8 Mb
Release : 2004
Category : Law
ISBN : 0742526879
Designed for an undergraduate course in US constitutional law, the casebook takes a liberal arts approach, tracing constitutional doctrine and policy back to their foundation in social, moral, and political theory, and prompting students to engage the great questions of political life addressed by the Constitution and its interpretation. Opinions of the US Supreme Court constitute the core of the documents. The first edition was published in 1998; the second adds and updates topics. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).
Author : Richard H. Fallon (Jr.)
Publisher : Unknown
Page : 434 pages
File Size : 45,7 Mb
Release : 2014-05-14
Category : Constitutional law
ISBN : 1139625454
In this revised and updated second edition of The Dynamic Constitution, Richard H. Fallon, Jr., provides an engaging, sophisticated introduction to American constitutional law. Suitable for lawyers and non-lawyers alike, this book discusses contemporary constitutional doctrine involving such issues as freedom of speech, freedom of religion, rights to privacy and sexual autonomy, the death penalty, and the powers of Congress. Through examples of Supreme Court cases and portraits of past and present Justices, this book dramatizes the historical and cultural factors that have shaped constitutional law. The Dynamic Constitution, Second Edition combines detailed explication of current doctrine with insightful analysis of the political culture and theoretical debates in which constitutional practice is situated. Professor Fallon uses insights from political science to explain some aspects of constitutional evolution and emphasizes features of the judicial process that distinguish constitutional law from ordinary politics.
Author : Sylvia Snowiss
Publisher : Yale University Press
Page : 252 pages
File Size : 53,6 Mb
Release : 1990-01-01
Category : Law
ISBN : 0300046650
In this book, the author presents a new interpretation of the origin of judicial review. She traces the development of judicial review from American independence through the tenure of John Marshall as Chief Justice, showing that Marshall's role was far more innovative and decisive than has yet been recognized. According to the author all support for judicial review before Marshall contemplated a fundamentally different practice from that which we know today. Marshall did not simply reinforce or extend ideas already accepted but, in superficially minor and disguised ways, effected a radical transformation in the nature of the constitution and the judicial relationship to it.
Author : Lawrence G. Sager
Publisher : Yale University Press
Page : 260 pages
File Size : 50,7 Mb
Release : 2008-10-01
Category : Law
ISBN : 9780300129199
In this important book, Lawrence Sager, a leading constitutional theorist, offers a lucid understanding and compelling defense of American constitutional practice. Sager treats judges as active partners in the enterprise of securing the fundamentals of political justice, and sees the process of constitutional adjudication as a promising and distinctly democratic addition to that enterprise. But his embrace of the constitutional judiciary is not unqualified. Judges in Sager’s view should and do stop short of enforcing the whole of the Constitution; and the Supreme Court should welcome rather than condemn the efforts of Congress to pick up the slack. Among the surprising fruits of this justice-seeking account of American constitutional practice are a persuasive case for the constitutional right to secure a materially decent life and sympathy for the obduracy of the Constitution to amendment. No book can end debate in this conceptually tumultuous area; but Justice in Plainclothes is likely to help shape the ongoing debate for years to come.
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 41,8 Mb
Release : 1950
Category : Electronic
ISBN : OCLC:846856807
Author : Benjamin Fletcher Wright
Publisher : Unknown
Page : 288 pages
File Size : 46,5 Mb
Release : 2012-06-01
Category : Electronic
ISBN : 1258409542
Author : Lawrence Boyd Evans
Publisher : Unknown
Page : 490 pages
File Size : 55,9 Mb
Release : 1916
Category : Constitutional law
ISBN : UOM:39015022427689
Author : E. Thomas Sullivan,Toni M. Massaro
Publisher : Oxford University Press
Page : 240 pages
File Size : 51,9 Mb
Release : 2013-03-27
Category : Law
ISBN : 9780199990818
Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the United States Constitution. However, what is not always fully understood is the constitutional basis of these rights, or the exact list of due process rights as they have evolved over time through judicial interpretation. In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro describe the intricate history of what are currently considered due process rights, and maintain that modern constitutional theory and practice must adhere to it. The authors focus on the origins and contemporary uses of due process principles in American constitutional law, while offering an overarching description of the factors or normative concepts that allow courts to invalidate a government action on the grounds of due process. They also analyze judicial interpretations and expressions as a key manner and perhaps the most powerful source of how due process has taken form in the United States. In the process of charting this arc, the authors describe the judicial analysis of rights within each category applying an illustrative list, and identify several fundamental norms that span these disparate threads of due process and the most salient principles that animate due process doctrine.